Stamped H1B transfer to another employer while outside US

[vivekthacker]

I have a stamped H1B visa but haven’t traveled to the US from my company yet. Now there is another company in US who wants me but aren’t sure how easy or difficult it is going to be get the visa transferred since I am outside US.

Does anyone have any experience with this process, timelines to get this done, etc. for this situation?

Any advice of things I should be aware of?

Regards,
Vivek

[shervin143]

It is no different than applying a transfer from with U.S. Any U.S employer can file a new H1B petition for you using the CAP from your previous H1B approval notice (You don't need to go through quota). Once the petition gets approved, you can travel to U.S with the approved petition and a valid H1B visa. If you already have a valid H1B visa in your passport, you can use that.

[vivekthacker]

Thanks shervin143

My visa says H1B Cap Exempt. Does the work "exempt" make any difference to the whole topic?

Also, am I dependent on my current company to provide any documentation to enable this transfer. I already have my copy of I-797B with me.

And any idea how long the transfer process could take?

Thanks in advance for your help.

[vivekthacker]

the reason for asking question around "exempt" part is the below note I saw on some website and it has managed to confused me as to a new employer can file for my transfer or not?

"Note: While filing an H-1B petition seeking a change in employer, petitioners should verify that the foreign national is not transferring from a cap exempt employer or exempt position. If the beneficiary was not counted towards the cap previously, he or she is subject to the H-1B cap restrictions, and employers will not be able to file a transfer petition on their behalf unless the cap is open"

[shervin143]

See Below.

Thanks shervin143

My visa says H1B Cap Exempt. Does the work "exempt" make any difference to the whole topic?
>>> No difference. Since you already have approved H1B, an employer can file a new H1B using that CAP (that is what CAP excempt means. No need to wait until next April to file the H1B under a new CAP)

Also, am I dependent on my current company to provide any documentation to enable this transfer. I already have my copy of I-797B with me.
>>> Approval notice (I-797) is all that you need to initiate the transfer. Since you never worked for the previous H1B sponsor, payslips are not required (otherwise that is mandatory).

And any idea how long the transfer process could take?
>>> 30-90 days in normal process and 15 days by premium. Premium is suspened until July 2015.

Thanks in advance for your help.

- - - Updated - - -

This is totally different. There are some employer (Non-profit organizations) who can file H1B petitions that can be CAP exempted. Your previous petition doesn't fall under that category. You are already subjected to CAP and you can use that CAP to file a new H1B petition.

the reason for asking question around "exempt" part is the below note I saw on some website and it has managed to confused me as to a new employer can file for my transfer or not?

"Note: While filing an H-1B petition seeking a change in employer, petitioners should verify that the foreign national is not transferring from a cap exempt employer or exempt position. If the beneficiary was not counted towards the cap previously, he or she is subject to the H-1B cap restrictions, and employers will not be able to file a transfer petition on their behalf unless the cap is open"

[vivekthacker]

shervin143 thanks a ton for the quick response. This is very very helpful.

you are a star

Cheers!!